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HomeMy WebLinkAbout2026-07-20 I01F_01 Pet Licensing Agreement Amendment 1_BarkPass LLCAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: July 20, 2026 AGENDA ITEM:Consideration of approval of a resolution approving Amendment No. 1 to SAAS Agreement [BarkPass, LLC] FORMAT:Resolution SYNOPSIS INCLUDING PRO & CON: The Parks & Recreation Department has worked with BarkPass, LLC to amend the agreement for Dog Park Passes to include City Pet Licensing. The City will pay a $1,000 implementation fee to transfer data from PetData to BarkPass. Processing fees incurred by the City will be 2.9% plus $0.30 per transaction. Residents will incur a BarkPass Fee of 3.1% per transaction. City staff recommends approval of this amendment with BarkPass. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the resolution. ATTACHMENTS: I. Amended Agreement PREPARED BY: Josh VandeKamp REVIEWED BY: Matt Jermier & Becky Schuett PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: I1F1 THE CITY OF WAUKEE, IOWA RESOLUTION 2026- APPROVING AMENDMENT NO. 1 TO SAAS AGREEMENT [BARKPASS, LLC] IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duly organized Municipal Organization; AND, WHEREAS, the City of Waukee wishes to amend the agreement with BarkPass, LLC, to include City Pet Licensing; AND, WHEREAS, BarkPass, LLC, has provided an agreement for such services at Trailside Dog Park and now City Pet Licensing. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council that the amendment with BarkPass, LLC and City of Waukee is hereby approved. Passed by the City Council of the City of Waukee, Iowa, and approved this 20th day of July, 2026. ____________________________ Courtney Clarke, Mayor Attest: _______________________________________ Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN Kala Anderson Chris Crone Rob Grove Lori Lyon Anna Bergman Pierce AMENDMENT NO. 1 TO SAAS AGREEMENT (Addition of Pet Licensing Services) This Amendment No. 1 (this “Amendment”) is entered into as of July 9, 2026 (the “Amendment Effective Date”), by and between BarkPass, LLC (“BarkPass”) and the City of Waukee, Iowa, a municipal corporation (the “City”), and amends that certain BarkPass SaaS Agreement dated November 8, 2021 (the “Original Agreement”). BarkPass and the City are each a “Party” and together the “Parties.” RECITALS WHEREAS, the Parties entered into the Original Agreement for BarkPass’ dog park management, registration, and permitting software; WHEREAS, the City now wishes to also implement BarkPass’ pet licensing module, and BarkPass is willing to provide such additional services on the terms set forth below; and WHEREAS, the Parties wish to amend the Original Agreement as set forth herein while leaving all other terms of the Original Agreement in full force and effect. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as follows: 1. EXPANDED SCOPE OF SERVICES 1.1 The definition of “Software” in Section 15.7 of the Original Agreement is hereby expanded to include BarkPass’ pet licensing module, in addition to the existing dog park management, registration, and permitting functionality already in use by the City. All references to “Software” in the Original Agreement shall be read to include the pet licensing module. 1.2 BarkPass will complete implementation and configuration of the pet licensing module for the City within a mutually agreed timeframe following the Amendment Effective Date. 2. FEES 2.1 Annual Subscription. The City’s existing annual subscription fee of $2,990/year is unchanged and continues to cover both the dog park management and pet licensing modules under this Amendment. No additional or duplicate subscription fee applies as a result of this Amendment. 2.2 Implementation Fee. The City shall pay a one-time implementation/setup fee of $1,000 for the pet licensing module, invoiced upon completion of deployment. 2.3 Transaction Fees. Pet licensing transactions processed through the Software will be subject to a transaction fee, structured under one of the two options below. The Parties shall select one option prior to launch of the pet licensing module: Option 1 — Resident Paid Price Stripe Processing Fee 2.9% + $0.30 per transaction BarkPass Fee (Resident-Paid)3.1% Option 2 — City Paid Price Stripe Processing Fee 2.9% + $0.30 per transaction BarkPass Fee (City-Paid)2.1% 2.4 Selected Option: Resident Paid (City to initial: Option 1 __X_ Option 2 ___) 3. LIMITATION OF LIABILITY 3.1 In consideration of the expanded scope of services under this Amendment, the Parties agree to supplement Section 11 (Service Level Commitments, Disclaimers and Limitations) of the Original Agreement with the following: “Each Party’s total liability arising out of or related to this Agreement, as amended, shall not exceed the total fees paid by the City to BarkPass in the twelve (12) months preceding the event giving rise to the claim, except in cases of gross negligence, willful misconduct, or a Party’s indemnification obligations for third-party claims.” 4. DATA COVENANTS — PET LICENSING DATA 4.1 The data covenants set forth in Section 4 of the Original Agreement (confidentiality, no unauthorized sale or transfer, Stripe as the sole authorized third-party payment processor, PCI-DSS compliance, and breach notification within three (3) business days) shall apply equally to all pet licensing data, including citizen personally identifiable information, pet ownership records, and payment information collected through the pet licensing module. 5. NO OTHER CHANGES 5.1 Except as expressly modified by this Amendment, all terms and conditions of the Original Agreement remain unchanged and in full force and effect. In the event of any conflict between this Amendment and the Original Agreement, this Amendment shall control solely as to the matters expressly addressed herein. 5.2 This Amendment may be executed in counterparts, including by electronic signature, each of which shall be deemed an original. IN WITNESS WHEREOF, the Parties have executed this Amendment as of the Amendment Effective Date. BarkPass, LLC By: ___________________________ Date: ________________________ Name: Brian Hatfield Title: Partner City of Waukee, Iowa By: ___________________________ Date: ________________________ Name: ____________________________ Title: ____________________________